Arkansas Act 313 sets a municipal ADU minimum for qualifying detached single-family lots. It is not a parcel approval or a rule for every unincorporated area.
Identify a covered lot and unit
Arkansas Code section 14-56-205 defines an ADU as a self-contained, independently accessed unit on the same parcel as a larger detached single-family dwelling, with its own cooking, sleeping, and sanitation facilities. Confirm the municipal boundary before applying the minimum.
For a qualifying lot, a municipality must allow at least one ADU by right, subject to applicable regulatory requirements. The statute recognizes internal, attached, and detached forms. “By right” excludes a public hearing, variance, conditional-use permit, special permit, special exception, or other discretionary zoning action; a conforming site-plan review can still be required. An attached or detached ADU may be no larger than the lesser of 75% of the main dwelling’s gross floor area or 1,000 square feet.
Know which local limits remain
The Act bars several municipal conditions, including extra ADU parking, owner occupancy, an occupant relationship, separate water or sewer, and application fees above $250 per ADU. Usual building fees, safety and zoning requirements, short-term-rental rules, and private restrictions remain. Municipalities may require service letters or Department of Health approval where public water or sewer is unavailable.
Act 313 states that conflicting municipal ADU policies in effect on or after January 1, 2026 are invalid to the extent of the conflict. The source used here is the enacted 2025 Act; confirm the current consolidated section and later State amendments before applying it. Check local code and the parcel’s utility, safety, title, and permit conditions as well. For the parcel method, see how to screen an ADU property.